Indemnification by Owner. Owner shall indemnify and save Manager harmless, except in cases of fraud, willful misconduct or negligence of the Manager, its employees and agents, from (i) all claims arising out of the course of Manager's duties in connection with the management and, where applicable, the leasing of the Property and from liability for injuries suffered by third parties while on the Property, and (ii) all claims arising from Manager's failure to make any payments to the extent Owner fails to make funds available as required herein; Owner further agrees to reimburse Manager for court costs and other reasonable expenses, including reasonable attorneys' fees, incurred by Manager in defending any action brought against Manager for injury or damage claimed to have been suffered upon the Property, except such claims arising from the fraud, willful misconduct or negligence of Manager, its employees and agents. Manager shall not be liable for any good faith error of judgment or for any mistake of fact or law, or for anything which it may do or refrain from doing in good faith and in pursuance of its duties and activities hereunder, except in cases of fraud, willful misconduct or negligence of Manager and/or its employees and agents.
Appears in 6 contracts
Samples: Management and Leasing Agreement (Balcor Realty Investors 84), Management and Leasing Agreement (Balcor Realty Investors 85 Series I), Management and Leasing Agreement (Balcor Realty Investors 85 Series I)
